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2022 Harv. J.L. & Pub. Pol'y Per Curiam [1] (2022)
Medical Marijuana Permits and Concealed Weapons Permits: When One Right Impacts Another

handle is hein.journals/hpercrm2022 and id is 7 raw text is: 

Sping 2022   Harvard Journal of Law & Public Policy Per Curiam

Medical Marijuana Permits and Concealed  Weapons Permits: When  One Right Impacts Another

                               Jonathan A. McGowan,  Esq.1

       The decriminalization of an action is never as simple as a single piece of legislation. It is

a long, slow evolving process, with each step revealing a new problem which must be solved.

The legalization of medical marijuana on the state level has created a number of complex legal

issues relating to the conflicts between state decriminalization and existing federal law.

Addressed here is the impact of medical marijuana on gun ownership. Specifically, does getting

a medical marijuana card (MMJ) mean you lose your right to have a concealed weapons permit

(CWP)?  2

       The question of possessing both medical marijuana and a firearm is settled. 3 Until the

federal government removes marijuana from Schedule I classification under the Controlled

Substances Act, possession of both is a violation of 18 U.S.C. § 922(d), also known as The Gun

Control Act. 4 The issue of MMJ possession's impact on CWP is a mixture of federal law,

1 Jonathan McGowan  practices business law and international legal development in Jacksonville
Beach, Florida. He is an elected Fellow at the European Law Institute, Vienna, Austria. Prior to
changing careers, Jon owned multiple businesses, including a firearms dealer storefront. Global
Executive M.B.A., China Europe International Business School, 2024 (anticipated); J.D.,
Certificate in Environmental, Natural Resources, and Land Use Law, Florida State University
College of Law, 2021; B.A. University of Florida, 2006.
2 The terminology and abbreviation for a permit to carry a concealed firearm varies by state. For
the purposes of this article, the abbreviation CWP will be used unless citing specific state or
court language.
3 See U.S Dep't. of Just., Memorandum to all United States Attorneys -Marijuana Enforcement
4 Id.; See also 21 USC 13 §811.

No. 3

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